People v. Barber

Herrick, J.:

It seems to me that the indictment sufficiently sets forth an offense under section 218 of the Penal Code. The evidence shows that the •defendant was committing an offense under section 448 of tbe Penal Code. Tbe person wbo made tbe arrest, and wliom tbe defendant assaulted, was a constable, and tbe defendant’s offense was committed in bis presence.

Under section 177 of tbe Code of Criminal Procedure a constable bad authority to arrest him for such offense without a warrant.

Tbe judgment should, therefore, be affirmed.

Man ham, P. J., and Putnam, J., concurred.

Judgment of conviction affirmed.